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CENTEL CABLE TELEVISION CO. v. COOK

No. 89-2011.

58 Ohio St. 3d 8 (1991)

CENTEL CABLE TELEVISION COMPANY OF OHIO, INC., APPELLANT, v. COOK ET AL., APPELLEES; DAYTON POWER & LIGHT COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided March 6, 1991.

Attorney(s) appearing for the Case

Squire, Sanders & Dempsey, Terence J. Clark, Judith A. Yokaitis-Skutnik and Thomas E. Palmer, for appellant.

Allen, Howard, Yurasek & Merklin, David F. Allen and Jeffrey A. Merklin, for appellees Cook.

Denis E. George, for appellee Dayton Power & Light Co.

Baker & Hostetler, John H. Burtch and Jane S. Arata, urging affirmance for amicus curiae, Ohio Association of Realtors, Inc.

Vorys, Sater, Seymour & Pease and W. Jonathan Airey, urging reversal for amicus curiae, Ohio Cable Television Assn.

WRIGHT, J.

This case presents the question of whether an easement granted to a utility company may be apportioned and partially assigned to a cable television company in a situation where the grantors were silent regarding their intent to allow apportionment of the easement and where the grantors made no express reservation regarding apportionment. We answer this question in the affirmative. Thus, we must reverse the judgment of the court of appeals on this issue...

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